TN 26 (12-98)

A. Policy — Court Decree

1. Determination of Biological Paternity

The court decree must find that the NH is the biological parent of the child, either expressly or by indicating that he or she was charged and either pleaded guilty or was found guilty under a specific statute applicable only if he/she is the child's parent (for example, a bastardy statute).

Submit a decree to the RCC under GN 01010.815 ff. if it shows a finding under a statute or provision of a State Code and refers to it only by a number, if you have no information on the nature of the statute.

2. Identification of NH and Child

The decree must name the NH and identify the child; it does not have to identify the child by name if it clearly refers to the child in question. You may consider related court records (e.g., complaint, indictment).

3. Information on Child's BC

See GN 00306.120 for use of information on a child's BC as proof of court determination of paternity.

B. Policy — Court Order for Support

The court order must identify the child and direct the NH to contribute to the child's support. It must either name the NH as the child's parent, or have been issued under a statute requiring a parent to support his/her child. The discussion in GN 00306.110A.1. and GN 00306.110A.2. also applies here.

C. Procedure

1. Copy or Excerpt of Court Decree or Order

Obtain a copy of the court decree or order certified by the proper court official. However, you may accept an excerpt from the order or decree if it is certified by the court official and contains sufficient information. You may consider other papers for identifying information in accordance with GN 00306.110A. and GN 00306.110B.

2. Court Decree or Order Modified

If there is any indication of a modification in a finding that the NH is the child's parent or the identity of the parent in the court order, obtain from the applicant a current decree or order certified by the proper court official as to whether or not the finding was vacated or changed.